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the charges, miranda rights, the public safety exemption, where are we right now on that issue? >> well, the normal rule is that when someone's irsed, they're advised of their rights. you have the right to remain silent. anything you say can be used against you. you have the right to a lawyer. if you can't afford one it will be provided, that sort of thing. if police don't give that warning then they cannot use any statements of the defendant in court. the exception to that is called the public safety exception. it's been extended by judges to terrorism cases. and the idea is that if you need information quickly to preserve public safety, you can ask those questions and still use the responses in court. but that public safety exception rule is limited. it only applies for several hours after fill in the blank. we assume after questioning starts rather than after arrest. probably no more than a day, day and a half. >> where do you come up with that? pete, let me interrupt you there. who has come up with what is the time? is it just, you know it when you see it? >> in terms of the time li
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
-value suspects is standing by to question him. officialsofficials have said thl not read him his miranda right, invoking the rare public safety exception. dozens remain hospitalized. the death toll is 3 people from the bombing and 1 others wiewbed. they are also believed to have shot a police officer, marking a forth killing. "fox news sunday" is right after america's news headquarters, and there will be more on boston police commissioner. the investigation enters a new phase as agents focus on getting answers from dzhokhar tsarnaev to questions like and how why and continuing to investigate whether anyone else was involved. michael sullivan is very familiar with these kinds of investigations, he is a former u.s. attorney who prosecuted would-be shoe bomber richard reid. thank you for joining us today. >> you're welcome, shannon. >> shannon: put on your legal cap for the first couple of questions. how do you think it's appropriate to best treat the suspect to really bar future legal challenges against any information that the government could get from him at this point and stay within the conf
administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot from this. the reason is this
. they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he so
news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on that? >> reporter: absolutely silent, alex.
to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of those killed in the bombing are facing their own stag
decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety. >> that times passed hasn't it. >> the law was in 1984 . that is what it at that time. since then specifically after the times square bombing in 2010, >> attempted. >> the f.b.i. put out a memo that addresses the terrorist cases that they could expand the time in which they can question a suspect without reading them their rights. the question is how long of a time is there. we don't know the answer. >> was it not the letter of the law. but was it the intent of the law to stop an imminent threat against the people. for instance times square bomber had blown something out there and had blown something that the authorities
about miranda rights and whether a terrorist or accused terrorist is supposed to have their miranda rights read to them. do you know if they actually read them the miranda rights? >> i don't know yet. presumably that may happen before there are charges. but there is a public safety exception where they can delay reading him his rights. as you know, there are all these calls to try him as an enemy combatant as opposed to within the criminal justice system, which seems to be what the obama administration will do. after all, he is a u.s. citizen. he carried out the crime on u.s. soil. and there doesn't seem to be a whole lot of legal basis to try him as enemy combatant, which is not to say there aren't going to be more calls particularly from the right to do just that. >> when in theory you have so much evidence on american soil, why tarnish the prosecution by going enemy combatant. if you have no backlash from anybody who says you didn't do it the right way. >> he stole a suspect. but clearly -- you've got to walk through the process, right? >> i was thinking this weekend, again, and
was given his miranda rights? >> we don't know as of yet. he has been read his miranda rights. but we don't know if this information came before or after. as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev.
department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a teacher at the high school the younger brother, dzhokhar attended. >> i know this kid to be compassionate. i know this kid to be forth coming. he's a great athlete. he's a sportsman. he's never been in trouble. >> reporter: the two brothers who are ethnic chechens came to the u.s. with their family a decade ago. facing the vicious fighting... escaping the vicious fighting between the government and the largely chechen rebel. dzhokhar who became an american citizen on september 11 of last year is 19 years old. he was a student at the university of massachusetts dartmouth. his older brother tamerlan was 26 years old, married to an american woman with a
Search Results 0 to 12 of about 13